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DA: Deadly force justified in June shooting

MIFFLINTOWN — Lauding the exemplary conduct of law enforcement that likely prevented further injury and perhaps death, Juniata County District Attorney Cory J. Snook announced Friday that Pennsylvania State Police were justified in the use of deadly force against Brandon Stine, who killed one trooper and left another critically injured in a June 17, 2023, incident in Mifflintown.

“I have based this decision on my observations having been at the scene immediately after the incident, on review of the extensive reports by PSP personnel, an independent investigation conducted by the Juniata County detective and all available evidence,” Snook wrote in a letter to state police.

The fatal shooting came a day after troopers at the Lewistown station were notified by Stine’s family about erratic behavior and comments. Troopers worked diligently to track down Stine for a welfare check but were unsuccessful in locating him. They were able to leave a voicemail message for him, indicating they wanted to check up on him.

About 10:47 a.m. Saturday, Stine drove a gray pickup truck with a cap into the parking lot of an apartment complex adjacent to the police station. No one exited the truck, which then subsequently proceeded to drive to the private parking area located behind the police station.

After Stine drove around this parking lot, which was clearly marked as off limits to the public, the truck entered the public parking lot in front of

the police station.

Troopers inside the building noticed the truck on security cameras and checked the registration to learn that it was registered to Stine. Troopers recognized his name as the individual they attempted to locate the previous evening. Just as troopers were about to exit the building to check on the truck, Stine left the public parking lot.

At 10:54 a.m., the truck stopped on Stoney Creek Drive beside the police station’s private parking lot. Stine exited the truck with a long gun and proceeded to fire two shots in the direction of the station. It was later determined that these two shots hit an unoccupied marked cruiser that was parked in the lot.

Stine got back in the truck and drove off onto Arch Rock Road. Troopers heard shots and attempted to locate the truck without success.

After reviewing security footage, Stine was positively identified as the individual who exited the truck and fired off the rounds. Lt. James Wagner, serving as the PSP Officer of the Day for Troop G, was notified and still images from the security footage was disseminated to troopers.

Additional troopers were activated and joined in the search for Stine. The shell casings recovered from Stoney Creek Drive indicated that the weapon used by Stine was a .458 caliber rifle.

At 12:19 p.m., Stine called Juniata County 911, and made statements that there was chlorine gas in his vehicle. The call was then patched through to state police, and it was confirmed that Stine was in possession of a firearm. The 911 operator was able to determine that Stine’s phone was in the area of Butchershop and Brubaker roads at about 12:30 p.m.

At 12:37 p.m., Wagner was traveling south on Washington Avenue in Mifflintown when Stine pulled out from Orange Street and began following him. Wagner then pulled his marked cruiser into the oncoming left lane of travel in the area of 348 Washington Ave. and stopped. Stine pulled beside Wagner’s cruiser and fired one round out the driver’s side window simultaneously as he stopped beside Wagner. That round passed through the passenger side window of Wagner’s cruiser and struck him, critically injuring him.

Stine proceeded south on Washington Avenue as eyewitnesses and bystanders rendered aid to Wagner and notified state police and emergency personnel of the shooting.

At 12:38 p.m., Stine attempted to call 911 again, but the call disconnected.

Snook, who had previously been notified of the shots fired at the barracks earlier that day, was notified of the recent shooting of Wagner. Charges of attempted homicide of a law enforcement officer were authorized.

Additionally, permission to ping Stine’s cell phone was obtained in order to assist in locating Stine. Meanwhile, troopers from surrounding areas began to arrive in Juniata County to assist in the manhunt.

At 1:28 p.m., Juniata County 911 called Stine, who stated he was at the “old bowling alley,” which is in the area of 4215 William Penn Hwy., Mifflintown.

Throughout the duration of this call, Stine continued to make bizarre claims on various subjects and would not allow the 911 operator to obtain information. State police converged on the area, but they weren’t able to locate Stine. Troopers then fanned out to continue the search.

At 2:38 p.m., a trooper began following Stine’s truck westbound on William Penn Highway in Mexico in Walker Township. The trooper confirmed the registration over the police radio as belonging to Stine.

Stine then turned his vehicle and stopped perpendicular on Swamp Road, blocking both lanes. Stine fired at least one road, striking the cruiser’s left rear unit as the trooper took evasive action. The trooper called out over the police radio that shots were fired on Swamp Road. This caused numerous troopers to respond to that area, the majority of which entered from Route 75.

Trooper Jacques “Jay” F. Rougeau Jr. was operating lead cruiser proceeding down Swamp Road from Route 75. As Rougeau approached the stop sign on Swamp Road where it connects with Kilmer Road, Stine stopped at the intersection, facing north.

Stine then fired a round from his open driver’s side window, which penetrated the cruiser’s windshield and fatally struck Rougeau. Stine then fired another round which struck another trooper, who was following Rougeau.

Troopers at the intersection returned fire and Stine proceeded north on Kilmer Road, which had no outlet. Several troopers remained at the intersection with Rougeau, while others followed Stine on Kilmer Road.

Stine’s truck entered the yard at 127 Kilmer Road, looped around the house then proceeded through an open field at the rear of the property. Responding troopers engaged Stine as he fled through the field back towards Swamp Road and Route 75 in the area of Harshbarger’s Sub ‘N Malt Restaurant.

As Stine entered the restaurant’s parking lot at a high rate of speed, heading back to Route 75, he was met by additional troopers responding down Swamp Road from Route 75. Stine then engaged troopers and stopped his vehicle perpendicular, blocking Swamp Road in front of the restaurant.

Troopers continued to engage Stine as he proceeded into the yard at 711 Swamp Road, in the direction of another open field. Stine’s truck came to a stop in a narrow strip of trees and brush between the property of 711 Swamp Road and the open field beyond, facing south. A perimeter was established around the truck, and troopers determined that Stine was no longer a threat. He was pronounced deceased at the scene. Troopers found .458 and .22 caliber rifles in Stine’s truck along with ammunition for both firearms.

Snook said Stine was prohibited from possessing firearms, based on a conviction of a second offense of Driving Under the Influence in 2005. In 2016, he was prosecuted and convicted for attempting to purchase a firearm. A search warrant served on Stine’s residence yielded additional firearms.

At the time troopers engaged Stine, he was wanted for attempted homicide of a law enforcement officer for shooting Wagner. Additionally, Snook said law enforcement officers may use deadly force when such force is necessary to prevent the arrest from being defeated by resistance or escape and the person to be arrested has committed a forcible felony or is attempting to escape and possesses a deadly weapon.

In this incident, Stine was actively attempting to escape while also firing a high-powered rifle at troopers.

Troopers who fired at Stine had been briefed on the events that occurred earlier on June 17. All troopers present at the scene indicated that they believed Stine was attempting to escape and posed a serious threat to the community and troopers.

Snook said this belief was justified given the facts, and the use of deadly force against Stine was necessary and proper to prevent him from killing or seriously injuring additional law enforcement officers or members of the public.

Based on a review of all available evidence, Snook concluded “the use of deadly force against Stine was justified. The conduct of the law enforcement officers involved in this situation was exemplary and almost certainly prevented further injury and death to members of the public and law enforcement.

Snook said the district attorney’s office investigates every police shooting to determine whether the action was justified or whether criminal charges are warranted.

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